Search Results for "Plaint averments"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Plaint averments"

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High Court

Bombay High Court Delivers Oral Judgment on Quashing of FIR in EPF Dues Under-Assessment Case — Court Examines Scope of Power Under Article 226 and Section 482 CrPC, Citing R.P. Kapur and Bhajan Lal Precedents

2 May 2012

The petitioner, a Regional Provident Fund Commissioner, had passed an assessment order under Section 7A of the Employees' Provident Funds and Miscella...

High Court

Bombay High Court Holds That Court Has Jurisdiction to Entertain Suit for Renewal of Lease Based on Cause of Action Arising Within Its Territorial Limits. The court found that the suit property is situated in Mumbai, the lease deed was executed in Mumbai, the renewal was to be performed in Mumbai, and the defendants carry on business in Mumbai, thus the court has jurisdiction.

22 Nov 2010

The plaintiff, BPM Industries Limited, filed a suit on 27 August 1999 seeking a declaration that the Indenture of Lease dated 6 May 1949 in respect of...

High Court

High Court of Karnataka Delivers Judgment in Second Appeal Concerning Validity of Sale Deed of Tataguni Estate. The dispute centered on the execution and registration of a sale deed by the original owner and the alleged obstruction by her private secretary in completing the transaction.

17 Jun 2021

The second appeal before the High Court of Karnataka arose from a judgment of the first appellate court which had decreed the suit of the plaintiff co...

Supreme Court

Supreme Court Quashes High Court's Decree in Specific Performance Suit Due to Procedural Lapses and Improper Reliance on Affidavit. First Appellate Court Must Re-appreciate Evidence and Frame Points Under Section 96 read with Order XLI Rule 31 CPC, and Pleadings Cannot Be Altered by Affidavit Without Amendment Under Order VI Rule 17 CPC.

4 Oct 2021

The dispute arose from an agreement for sale of property in Kaspa Coimbatore between the plaintiff and defendant, with the defendant agreeing to sell ...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Injunction Against Obstruction of Possession. The Court held that the first appellate court's concurrent findings of fact regarding possession and title cannot be interfered with under Section 100 of the Code of Civil Procedure, 1908, as no substantial question of law arose.

16 Apr 2024

The case involves a property dispute between the appellants (defendants) and the respondents (plaintiffs) over a shop named 'Sadhana Stores' and adjac...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

26 Feb 2013

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order 7 Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order 7 Rule 11(d) CPC if it discloses a cause of action, even if the claim may be weak or unlikely to succeed.

31 Aug 2021

The present Civil Revision Petition was filed by the defendant No.4 in O.S.No.238/2017, a suit for declaration and perpetual injunction instituted by ...

High Court

High Court of Karnataka Allows Appeal in Money Recovery Suit — Admission of Liability in Written Statement Constitutes Acknowledgment Under Section 18 of Limitation Act, 1963. Suit for Recovery of Money Based on Supply of Goods Held Not Time-Barred Due to Defendant's Admission.

22 Oct 2021

The case involves a suit for recovery of money filed by M/s. Jindal Steels, a partnership firm (plaintiff), against Trident Architectural Aluminium Pr...

High Court

Bombay High Court Dismisses Bank's Revision Against Rejection of Plaint Rejection Application in SARFAESI Act Suit. Civil Court's Jurisdiction Not Barred Where Tenant Claims Independent Tenancy Rights Under Section 17(4A) and 13(4) of SARFAESI Act, 2002.

26 Sep 2018

The Bombay High Court at Nagpur dismissed a civil revision application filed by Dena Bank (defendant no.2) challenging an order of the trial court tha...

High Court

Karnataka High Court Hears Appeal Against Rejection of Temporary Injunction in Defamation Case. Court Examines Whether Statements in Autobiography Amounted to Defamation and Balance of Convenience.

2 Feb 2024

The plaintiff, Ranga Trilochan Bedi (appellant), filed a suit for defamation against his brother Kabir Bedi (defendant No.1) and Westland Publications...

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